PANKAJ KUMAR @ PANKAJ KUMAR GUPTA Vs. STATE ELECTRICITY BOARD
LAWS(JHAR)-2001-2-45
HIGH COURT OF JHARKHAND
Decided on February 06,2001

Pankaj Kumar @ Pankaj Kumar Gupta Appellant
VERSUS
STATE ELECTRICITY BOARD Respondents

JUDGEMENT

GURUSHARAN SHARMA, J. - (1.) HEARD petitioners father, late Prithvi Sao was employed In Bihar State Electricity Board and died in harness on 18.11.1995. Petitioners application thereafter for appointment on compassionate ground in his place was rejected by General Manager -cum -Chief Engineer of the Board at Dhanbad, by order contained in memo No. 2134 dated 9.6.2000, on the report of Medical Board dated 3.2.2000, wherein he was found to be aged about 15th, 17th years (16 years) which was less than the prescribed minimum age for such appointment, counsel for petitioner placed reliance on standing order No. 756 dated 18.2.1998 (Annexure 5) of the Board, wherein it was provided that an application for appointment on compassionate ground by dependent of deceased workman can be considered. If it was filed within five years of his death. In the present case, petitioner filed such application within the aforesaid time limit. The aforesaid standing order further provided that in case dependent of deceased workman was minor and his widow was not eligible or did not desire for such appointment, such information on affidavit within five years from the date of death should be given to the Board so that his case for appointment is considered after attainment of majority, which was not done her. Counsel for the petitioner further submitted that in the year 1999, petitioner passed Bihar Secondary School Examination and has annexed marksheet (Annexure 3 series) to show that his date of birth recorded there was 25.7.1979 and as such he was more than 21 years old on 3.2.2000. It appears that only in absence of any valid proof of his date of birth, petitioners age was determined by the Medical Board. It has not been disclosed as to whether the petitioner was a regular student from Class VIII to XI in a recognised secondary school and appeared and passed Bihar Secondary School Examination in the year 1999. In case he appeared as a private candidate and mentioned the aforesaid date of birth (25.7.1979). which even took place after death of his father as also after the application for appointment on compassionate ground was filed, in my opinion, the petitioner is not entitled to get any benefit out of that. No weightage can be given to the alleged transfer certificate dated 4.1.1996 (Annexure 2). The aforesaid matter can not be gone into and decided in the present writ application. No relief can be given to the petitioner in this writ application. It is, accordingly, dismissed.
(2.) APPLICATION dismissed.;


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